Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Italia

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Italia

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is.

2. LEGAL FRAMEWORK

Italia

International legal framework applicable for this measure in your Member State

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA), implemented by national Law 12.4.2005, nr. 69 (that entered into force on 14.5.2005). The law provisions shall only apply to the requests for the enforcement of European arrest warrants issued and received after the date of its entry into force. Furthermore, the provision of Article 2 paragraph 2 of the Framework Decision covering the exclusion of double criminality for specific types of offences shall only apply to the facts committed after the entry into force of the law. As to the requests concerning offences committed before the entry into force of the Framework Decision (7 August 2002), the previously existing law provisions governing extradition matters shall be applicable in any case, and in particular the European Extradition Convention, signed in Paris on 13.12.1957. The law provisions of the latter Convention also apply towards European countries that have not yet joined the European Union.

3. COMPETENT AUTHORITY TO:

Italia

* receive the request/decision for judicial cooperation

EAW procedure The Ministry of Justice is in charge of the administrative transmission and reception of European arrest warrants and the official correspondence related thereto. Extradition procedure Extradition requests shall be addressed to the Ministry of Justice that is also in charge of making a final decision on surrender. However this decision implies either the consent by the person concerned or a preliminary favourable decision by the Court of Appeal declaring that the conditions for the extradition have been satisfied.

* execute/recognise the measure (if other than the receiving authority)

EAW procedure Court of Appeal of the place where the requested person has been arrested or the place where he or she has his or her residence, whereabouts or domicile when the decision has been received by the judicial authority. Where these criteria may not be applied, the Court of Appeal of Rome shall hold jurisdiction. Extradition procedure The proceedings shall be instituted by the Prosecutor General attached to the Court of Appeal after receiving the extradition request (and supporting documents) from the Minister of Justice when he or she holds that the request shall not immediately be rejected. After a favourable decision by the Court of Appeal, the Minister of Justice shall make a final decision.

4. ACCEPTED LANGUAGES

Italia

Accepted languages for the request/decision

EAWs shall be translated into Italian. Under Article 23 of the Paris Convention, the documents that need to be produced shall be drafted both in the language of the requesting Party and in the language of the requested Party.

5. EXECUTION DEADLINE

Italia

Deadlines for the execution of the request/decision (where applicable)

EAW procedure The domestic system makes provision for stringent time limits for the Court of Appeal’s decision, and in case of a favourable decision (as is the case for the consent by the person concerned) for enforcing surrender. These time limits correspond to those in the Framework Decision. Extradition procedure See Articles 16 and 18 of the Paris Convention. Furthermore, the domestic law provisions stipulate the following. A) The Prosecutor General attached to the Court of Appeal shall present his or her closing speech within three months after reception of the documents from the Minister of Justice. B) Even though no express provision has been made for a time limit by which the procedural stage of extradition to be held in court shall be concluded, if a coercive precautionary measure has been applied, this shall be revoked when a year has gone by from the beginning of its enforcement and the Court of Appeal has not delivered any judgment to grant extradition, or when a year and six months have gone by in case an appeal has been filed with the Court of Cassation against this judgment and the proceedings before the judicial authority has not been concluded. Upon request by the Prosecutor General, these time limits may be extended even more than once for a maximum period of not more than three months in total when particularly complex enquiries are necessary. C) The Minister of Justice shall decide on an extradition case within forty-five days of reception of the records showing the person’s consent to extradition or of the notice on the expiry of the deadline to lodge an appeal or file the judgment with the Court of Cassation; if this deadline expires and the Minister has not made any decision, the person whose extradition has been sought shall be released if he or she was held in custody.

6. CONCISE LEGAL PRACTICAL INFORMATION

Italia

a. Special requirements

The domestic legislation includes additional conditions or requirements as compared to the Framework Decision. For example a European arrest warrant is required to be accompanied by the following enclosures: a) a copy of the order restricting personal liberty or the judgment of conviction imposing a custodial sentence that has led to the issuance of a EAW; b) a statement of the facts ascribed to the person whose surrender is sought with an indication of the sources of evidence, the time and place of commission of these facts and their legal classification; c) the wording of the applicable law provisions with an indication of the type and duration of the sentence; d) photographs and fingerprints and any other type of information suitable to establish the identity and nationality of the person whose surrender is sought. A precautionary measure underlying a EAW is also required to (i) be signed by a judge and (ii) be grounded. Furthermore the grounds for refusing surrender are all mandatory and some of them are not contemplated in the Framework Decision (for example it could be remembered that, apart from the aforementioned case where the grounds for the precautionary measure underlying a EAW are lacking, the Court of Appeal shall refuse to grant the person’s surrender “if a right has been violated with the consent of those who are legitimately entitled thereto under Italian legislation”, or “if in the Italian system the fact amounts to the exercise of a right, fulfilment of a duty or it has been caused by fortuitous event or force majeure”).

b. Other useful information

he national law implementing the FD 2002/584 GAI can be found at the following link: http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2005-04-22;69~art8!vig=

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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